Questions to Ask a Potential Divorce Attorney

There are thousands of divorce attorneys to choose from. At an unprecedented time in your life, how do you choose the right one for you? You might ask a friend or family member who got divorced once, or you might ask the attorney that handled your real estate matter if they know anyone. But even with a recommendation, how can you be sure an attorney is a fit for your needs? 

Before making a final decision, there are some key questions you should ask any potential attorney. You and your family are unique, with personalities and conflicts that are unlike anyone else’s. The right divorce attorney for you will help ease your transition, ensure that you’re informed about potential outcomes before making decisions, and provide you with access to resources that will support a strong and positive future. 

Here are some important questions to ask, with tips on evaluating the answers: 

• Are you accepting new clients, and if so, what is the minimum required retainer? 
• You don’t necessarily need the most expensive attorney, but be wary of the cheapest option as well. Asking the minimum retainer will simply help you understand if the attorney is out of reach so you can move on to other candidates if needed. 
• Do you practice in my state/city, and have familiarity with the local legal system?
• The local court system can be nuanced, and laws vary from state to state. You will want to understand an attorney’s experience appearing before judges in your area, and their ability to navigate the system. 
• Do you/your firm specialize in divorce and family law, or is it just a small piece of a practice that’s focused on other legal areas? 
• You do not want a jack of all trades. If you’re entering into a divorce, you need an attorney whose practice and career are dedicated to family law. It’s a specialized legal field, and only someone dedicated primarily to the practice of family law will have the knowledge you need. 
• Are you prepared to take a divorce case to trial if necessary? 
• Being prepared for trial is the greatest way to avoid it. If you are in a highly contested matter, you should place high value on an attorney’s trial experience. Surprisingly, the ability to go to trial is actually not that common among divorce attorneys, and that specific experience can be a significant differentiator.
• What’s your track record with settlements, managing mediation, or litigation? What’s your experience with sensitive negotiations and creative outcomes? 
• You want an attorney that can customize their approach to your situation, and not rely on a one-size-fits-all solution. For example, an attorney that only manages settlements but never mediation or trial can limit your options. 
• How do you communicate with your clients? 
• Communication with your attorney is critical. Establishing communication styles, preferences, frequency, and format upfront can smooth the process and save headaches down the road, if you choose to work together. You’ll also be able to tell a lot in an initial consultation about the attorney’s personal style, and whether or not it’s compatible with yours. 

Beyond questions, chemistry and personality will play big roles in determining fit. Someone with outstanding credentials and an impressive track record may be a great attorney for one person, but this doesn’t mean they’re right for you. It’s important that you see your attorney as empathetic and trustworthy as well as legally savvy. Be prepared to evaluate as many attorneys as you have time for to find one that fits your style, preferences, and situation - and one you know you can trust.

At Artese Zandri, we want all of our clients to feel supported through the divorce process. If you or someone you know is considering divorce, reach out to us at [email protected] for a complimentary consultation.